I bought a defective vehicle — what are my remedies?

The presumption changes everything, depending on the seller

This is the most useful distinction in the file. Against a professional seller, you do not have to show the defect already existed at the sale: it is presumed to exist where the vehicle deteriorates or malfunctions prematurely compared with similar vehicles (article 1729).

The presumption falls away if the defect stems from misuse by the buyer. But the burden has already shifted.

Against a private seller there is no presumption. You must establish that the defect existed before the sale, that it was hidden, that it is serious enough, and that you did not know of it.

What counts as "hidden" for a vehicle

A defect is apparent where it can be perceived by a prudent and diligent buyer without needing to resort to an expert (article 1726). That is where a good share of vehicle files are decided.

Visible rust, a noise audible on the test drive, a warning light on the dash: hard to argue those were hidden. A cracked engine block, a concealed accident history, a rolled-back odometer: quite different.

A pre-purchase inspection cuts both ways. Not having had one does not necessarily bar the claim, but having had one that flagged the problem seriously weakens it.

The seller's silence

A seller who knew and said nothing is in a far worse position. Where they knew of the defect or could not have been unaware of it, they owe, beyond restitution of the price, compensation for the injury suffered by the buyer (article 1728).

In practice that covers the undisclosed accident history, the vehicle sold as unaccidented when it was not, the omitted fact that it cannot be registered.

Fraud may in any case result from mere silence or concealment (article 1401): you need not have been lied to, only to have had a determining fact withheld.

You are not confined to the seller

The manufacturer, anyone distributing the property under their own name, and any supplier including the wholesaler and importer are equally bound by the seller's warranty (article 1730).

For a recent vehicle with a series defect, or a faulty part fitted by a third party, that opens a direct claim which does not depend on the seller's solvency.

The garage that did the work badly

This is a different regime, and many people do not know it. Repairing a vehicle is a contract of enterprise or for services (article 2098).

The provider must act in the best interests of the client, with prudence and diligence, in accordance with usage and rules of art, and ensure the service provided conforms to the contract. Where bound to a result, they can be relieved only by proving superior force (article 2100).

The parts they supply must be of good quality, and as to those they are held to the same warranties as a seller (article 2103). An engine destroyed after a botched service falls squarely within this.

Keep the itemised invoice, the work order and the replaced parts where you can. Without them, reconstruction becomes a battle of experts.

Private online sales

Sales concluded through classifieds or social media are not outside the law. A private seller remains bound by the warranty of quality, and silence on a determining fact is still fraud.

The difficulty is practical rather than legal: identifying the seller, proving what was said, and finding them again. Keep the listing, the full conversation and the payment record.

A sale "as seen, without warranty" does not erase everything: a seller cannot exclude liability for defects they knew of or could not have been unaware of, subject to the exception where the buyer buys at their own risk from a non-professional seller (article 1733).

The deadlines

Two deadlines, as with real estate. Written notice must be given within a reasonable time from discovery (article 1739). The claim then prescribes after three years (article 2925).

And the same costly mistake: repairing before giving notice. The replaced parts leave with the evidence. Write first, repair after — unless it is urgent, and then photograph everything.